People v. Rodriguez CA2/2

FACTS AND PROCEDURAL BACKGROUND

Defendant and his wife adopted P. (Daughter) when she was eight months old. When Daughter was 12 years old, defendant came into her bedroom one night, placed his head between her naked legs, and licked her vagina until she awakened. Daughter told her best friend; her best friend’s mother; the officer who responded when the best friend’s mother called the police; the forensic nurse who examined her; the police detective who interviewed her; and the social worker who spoke with her a month later. Daughter also reported that defendant had groped her breasts and buttocks, as well as stuck his tongue in her mouth, starting when she was 10 years old—both at home and when she went with him to work. The forensic examination revealed no injury, which was consistent with the type of contact Daughter reported. Defendant admitted to police that it was “possible” that he kissed her vagina when “the temptation came over” him. The People charged defendant with four counts of committing a lewd act upon a 1 child (Pen. Code, § 288, subd. (a) ). Count 2 pertained to the bedroom incident; count 3, to multiple acts of kissing over the prior two years; count 4, to…